Montana Code Annotated 2019

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

Definitions

53-21-1302. Definitions. As used in this part, the following definitions apply:

(1) "Agent" means a person designated in a directive to make health care decisions for the principal granting power.

(2) "Capacity" is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.

(3) "Directive" means a mental health care advance directive or any part of a mental health care advance directive.

(4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

(5) "Incapacitated" means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care.

(6) "Principal" means a person who executes a directive, whether or not that directive designates an agent to make health care decisions.

(7) "Supervising health care provider" means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care.

History: En. Sec. 2, Ch. 329, L. 2011.